RAMDEO MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal has been filed under Sec. 374(2) of the Cr.P.C against the judgment of conviction and order of sentence both dtd. 20/8/2002, passed by the learned 2nd Additional Session Judge, Deoghar, in Session Trial No.173 of 2000 /305 of 2001 arising out of Jasidih PS Case No.58 of 2000 registered under Ss. 302 of the Indian Penal Code whereby and whereunder the appellant has been convicted under Sec. 302 of the Indian Penal Code and has been directed to undergo RI for life with a fine of Rs.10,000.00 for the offence under Sec. 302 of the Indian Penal Code and in default of payment of fine, further directed to undergo RI for one year. Factual Matrix

(2.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as :-

(3.) The prosecution story as per FIR, in short, is that on the date of occurrence, i.e, on 8/3/2000 at about 10 P.M. informant's brother, namely, Badri Yadav (deceased) had gone to his field for irrigation purpose where an altercation took place between the deceased and the accused Ramdeo Mandal on the question as to who will irrigate the field first as the deceased wanted to irrigate his field first.